555 PARTNER-continued. farming, mining and joint-stock partnerships, 45. partnerships not in trade, 46. partner exceeding his authority, 47. creditor carrying on partnership under deed of arrangement, 46. effect of partnership articles against drawing bills, 48. where there is notice, 47. pleading and evidence, 48. partner in two firms, 49, 457. when the holder of a bill discharges the firm by taking fresh security, 49. dormant partner, 50, 462, 464. where the partnership was to commence by relation from a time past, 50. or be joined as defendant, 51. nominal partner, 51. dissolution, 51. notice of it, 51. notice of retirement of secret partner, 53. effect of dissolution, 53. dissolution by death, 54. transfer, how to be made after dissolution, 53. when authority to indorse after dissolution may be inferred, 53. dissolution by bankruptcy, 54. occasional partnership, 54. survivorship, 54, and note (c). acknowledgment taking a bill out of the statute, 358, 360. Bovill's Act, 46, 462. And see Appendix. PARTS OF BILLS. See Sets of Bills. PAWNING BILLS. See Pledging. PAYEE, who he is, 1. description of, 82. indorsement by another man of same name, 83. where there is no payee, 83. a fictitious payee, 84, 203. his title when he is a third person like that of first indorsee, 130, note (y), 247. PAYMENT, presentment for. See Presentment for Payment. to whom payment should be made, 322. to wrongful holder of bill payable to bearer, 223. See Loss of Bills and Notes. of a lost or stolen bill, 224, 390. at what time of day, 226. before bill is due, 227. when a legacy will be a satisfaction, 229. effect of, under Statute of Limitations, 352–362. payment after action brought, 228. by banker's notes and checks, 228. appropriation of payments, 229. ratable appropriations, 231. PAYMENT-continued. by drawer or indorser, 173, 224. by a stranger, 173, 226. by drawer where there is a third person payee, 178. giving a receipt, 233. effect of a receipt, 233. tender, 227, 233, 234. retraction of payment, 234, 251. how far a bill or note is considered payment, 386–392. how far extinction of the debt as to one party on a bill will be satisfaction to an infant, 62. to a married woman, 69. by negotiable instruments, 388. evidence of payment, 232. when to be deemed complete, 234. on bank holidays, 210. And see Appendix. in action on bill payable at a particular place, 217. where note so payable, 218. old forms of actions, 412. declaration, now superseded, 423. statement of claim, 423. statement of parties, 424. might be by initials, 424. description of instrument, 424. statement of acceptance, 195, 424. of presentment and notice of dishonor, 186, 306, 424. statement of maturity of instrument, 424. no notice of indorsement required, 426. of protest, 266. PLEADING-continued. breach and damages, 416, 417, 423, 427. effect of rules of court, 427. pleading under judicature acts, 428. the old plea of non-assumpsit, 427. general issue by statute, 428. traverse of acceptance and indorsement, 428. effect of traverse of indorsement, 428. absence of consideration, 429. denial that plaintiff is holder, 430. defect of stamp need not in general be pleaded, where the bill must be pro- duced, 118, 328, 329. fraud, 430. payment and satisfaction, 431. effect of pleading over, 430. statutable jurisdiction over pleas framed to embarrass, 432. sham pleas, 431. pleading and estoppel, 433. foreign law, 408. alteration, 328, 329. replication to plea denying consideration, 432 distributive replication, 433. And see Counter-claims and Set-off. PLEDGING BILLS, in the case of a bill confers no power of sale, 177. by agent, a misdemeanor, 41. in a mass by bill broker, 36. POLICY, PUBLIC. See Public Policy. POSTAGE, 420, 456. POST-DATING. See Date. POST OFFICE, delivery to postman, 153, 282. letters should be sent to authorized office, 282. post mark, how far evidence, 287. miscarriage of, 219, 282, 378, 385. on whom loss falls, 385. presentment by post, 19, note (z). POWER OF ATTORNEY. See Attorney, Power of. PRE-EXISTING DEBT, when a consideration, 40, 127. PRESENTMENT FOR ACCEPTANCE, what time may be given for deliberation, 185. whether the bill may be left, 185. advisable in all cases, 182. when necessary, 182. when it should be made, 183. at what hour, 184. when excused, 184. to whom, 185. consequence of negligence in party presenting, 185. PRESENTMENT FOR ACCEPTANCE-continued. course when drawee cannot be found, or is dead, 185. whether the owner is bound to acquiesce in acceptance by agent, 36. pleading, 186. bank holidays, 184. PRESENTMENT FOR PAYMENT, how made, 19, 205. in case of bankruptcy or insolvency, 206. whether necessary when a bank stops payment, 206. not necessary in order to charge a guarantor, whose name is not on the where drawee is dead, or not to be found, 207. when holder is dead, 207. when to be made, 207, 215. at what hour, 215. computation of time, 207-209. where the instrument is payable at sight or on demand, 211-213. after sight, 211. of a check, 213. general rules, 212. of bank notes, 214. where no time is specified, 215. where bill lost or destroyed, 380. where, when a bill is made payable at a particular place, 215. pleading, where bill is made so payable. 217, 424. presentment, when note is so payable, 218. of bill or note when place of payment is mentioned in a memorandum, 219. not necessary in order to charge acceptor or maker, 219. effect of not presenting on the liability of other parties, 219. when neglect to present is excused or waived, 219, 220. presentment for payment to the drawee, necessary after protest for non- PRINCIPAL AND AGENT. See Agent. unnamed principal not liable on a bill, 38. PRINCIPAL AND SURETY. See Indulgence. when evidence of this relation admissible, 8, 249. what parties principals, and what sureties, 247. valid agreement to give time to the maker or acceptor discharges other agreement to give time to prior indorser, discharges subsequent indorsers, the agreement to give time must, in order to discharge other parties, be a taking fresh security, 252, 255. obtaining a judgment, 254. inability to recover against principal, 253. warrant of attorney, 254. accepting part payment, 253, 254. PRINCIPAL AND SURETY-continued. proving under adjudication, 254. And see Bankruptcy. how discharge of surety may be prevented, 256. compounding, 254. waiving execution against the person, 253. against the goods, 253, note (r). agreement that the surety shall not be discharged, 256. action between co-sureties, 259. proof under an adjudication by a surety, 446-448. PROCURATION. See Agent. the words per procuration, notice of limited authority, 34. unnecessary at trial unless issue require it, 436. PROMISE TO PAY, effect of, 193, 266, 304, 306. PROMISES MUTUAL, when satisfaction, 237, note (e). PROMISSORY NOTE, what it is, 5, 213. if under seal not at law negotiable, 70, note (g). foreign promissory notes, 6. form of, 6. note by a man to himself, 6, 92. how declared on after indorsement, 6. note by a man to himself and another, 7. English notes assignable abroad, 6. joint and several, 7. contribution between joint makers, 8. payable by installments, 7. by principal and surety, 8, 248. See Principal and Surety. contracting words in, 10. invalidated by agreement to give further security, 12. not invalidated by reciting collateral security, 12. ambiguous instruments, 92. must be for a certain sum of money only, 94. and in specie, 94. must not be conditional, 95. nor be payable out of a particular fund, 98. stamp in such cases, 98, note (d). time of payment may be uncertain if inevitable, 97. when an irregular note may be evidence of an agreement, 98. effect of memorandum on the note, 100. of distinct agreement relating to the note, 101. when evidence under the common counts, 436. given by an infant for necessaries, 59-61. payable after sight, 81, 182, 208, 219. payable at a particular place, 218. promise in, 10. no payment of, supra protest, 274. PROOF. See Evidence. under adjudication in bankruptcy. See Bankruptcy. PROSECUTION, bills or notes given on the abandonment of, 139. |